Lasting Powers of Attorney Solicitors

Secure your future with our expert Lasting Powers of Attorney (LPA) solicitors. At Triangle Legal Services, we understand the importance of planning ahead and ensuring your wishes are respected if you become unable to make decisions for yourself.

call us today

make an enquiry

Our experienced team is here to guide you through the entire process of setting up an LPA, making it as smooth and stress-free as possible. We have the expertise to protect your interests and achieve the best outcomes for you.

What are Lasting Powers of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to act on your behalf if you become unable to do so. This ensures that your wishes are followed and your affairs are managed according to your preferences, even when you are not able to communicate them yourself. There are two types of LPAs:

Health and Welfare LPA

This type of LPA covers decisions about your healthcare and personal welfare. It allows your appointed attorney to make decisions about your daily routine, medical care, moving into a care home, and life-sustaining treatment, but only if you do not have the capacity to make these decisions yourself. This type of LPA gives you peace of mind that your personal well-being is managed by someone you trust.

Property and Financial Affairs LPA

This LPA gives your attorney the authority to make decisions about your financial matters and property. This includes managing bank accounts, paying bills, collecting benefits or pensions, and selling your home if necessary. Unlike the Health and Welfare LPA, this type of LPA can be used as soon as it is registered, with your consent, even if you are still capable of making decisions yourself. This flexibility allows your attorney to assist you with financial decisions whenever needed.

Why should I make a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is important because it ensures that your affairs are managed by someone you trust if you become unable to make decisions for yourself. Without an LPA, the Court of Protection will decide who manages your estate, which can be a lengthy and costly process. This situation can cause significant stress and delays for your loved ones during already challenging times.

An LPA also safeguards your partners’ ability to access joint bank accounts and manage shared financial matters. It can save them thousands of pounds and a lot of time, which would otherwise be spent navigating legal procedures. This time is better spent with you, offering support and care. By appointing a trusted person to make important decisions about your health, welfare, property, and finances, an LPA provides peace of mind and ensures your wishes are respected. It also brings clarity and stability, allowing your loved ones to focus on what truly matters.

Why You Need a Solicitor for an LPA ?

While you can tackle preparing your LPA independently, there are several compelling reasons to consider using a solicitor:

1. LPA Solicitors Have a Duty of Confidentiality

When you work with a solicitor, you benefit from their legal obligation to keep your information confidential. Unlike friends or family, who may unintentionally share sensitive details, solicitors are bound by strict confidentiality rules, so your private matters remain secure and impartial.

2. Solicitors Can Be Your Certificate Provider

As part of the LPA process, you’ll need a certificate provider to confirm that you understand the document, that you still have mental capacity and that you are making it voluntarily. A solicitor is perfectly placed to fulfil this role, providing reassurance that the LPA is set up with your full understanding and without any undue influence.

3. Avoid Costly Errors When Registering with the Office of the Public Guardian

Registering your LPA with the Office of the Public Guardian (OPG) currently costs £82 per document. If you’re setting up both a Health and Welfare LPA and a Property and Financial Affairs LPA, the total registration fee would be £164.

However, errors on the power of attorney forms – such as incorrect information, missed signatures, or incomplete sections – can result in the LPA being rejected, requiring you to correct the mistakes and resubmit your application. Each time this happens, you’ll need to pay the fee again, which can quickly make the process more expensive, time-consuming, and stressful than anticipated.

4. Peace of Mind That The LPA Is Valid

One of the most important aspects of setting up an LPA is making sure that every detail is accurate. The OPG doesn’t check every element of your document, which means small errors can easily slip through unnoticed. These mistakes might seem minor but can have significant consequences when the LPA is needed.

For example, using a shortened version of a name like “Sam” instead of “Samuel” or incorrectly spelling a middle name, such as “Clare” instead of “Claire,” can cause serious issues. When an LPA is presented to a hospital, bank, or any other institution, they meticulously cross-check the document against the attorney’s ID. If the names don’t match exactly, the LPA can be deemed invalid and may not used.

In time-critical situations, like when a decision needs to be made about pain relief or other immediate care, these discrepancies can lead to delays and additional stress at an already difficult time. This is precisely when you want the assurance that everything is in place and functioning as it should.

5. Save Time Setting Up a Lasting Power of Attorney

Setting up a power of attorney (POA) can be time-consuming, especially if you’re going through the process alone. By instructing a solicitor to draft your POA, you save time and avoid the stress of managing paperwork and legal requirements.

Contact our Lasting Powers of Attorney solicitors today to see how we can support you with setting up your LPA

call us today

make an enquiry

Choosing a Lasting Powers of Attorney Solicitor

At Triangle Legal Services, we understand that thinking about a time when you might be unable to make decisions for yourself is difficult. Our compassionate and experienced solicitors are here to help you navigate this important planning process with sensitivity and care. We aim to make setting up a Lasting Power of Attorney (LPA) as simple and clear as possible, ensuring you feel confident and supported every step of the way.

Our team has extensive experience in managing LPAs, including for individuals with extensive property portfolios and property abroad. We understand the unique challenges these situations can present and are dedicated to making the process smooth and stress-free for you. We handle all the details, so you can focus on your well-being and future plans without added worry.

We prioritise your needs and are committed to providing exceptional customer service. From our first meeting to the final registration, we are here to answer your questions, address your concerns, and offer support. Our approach ensures clear communication and quick responses, providing you with a service tailored to your specific needs and giving you peace of mind during a challenging time.

The Lasting Powers of Attorney Process

Gathering Information

Once we receive your enquiry, we’ll be in touch to find out more about your specific needs and objectives. We’ll discuss the different types of LPAs—Health and Welfare, and Property and Financial Affairs—and help you decide which one(s) best suit your situation. This is also an opportunity for you to ask any questions and for us to explain the entire process in detail.

Preparation of Documents

Once we have a clear understanding of your requirements, our solicitors will prepare the necessary LPA documents. This involves carefully drafting each document to accurately reflect your wishes. We review every detail to ensure that your instructions are clear and legally sound. Our experience with LPAs, including those for individuals with extensive property portfolios and property abroad, allows us to handle even the most complex situations with expertise.

Signing and Witnessing

After the documents are prepared, the next step is signing and witnessing. This is an important part of the process where legal formalities must be followed meticulously. We guide you through this stage, ensuring that all signatures are properly witnessed according to legal requirements. This step is essential to ensure the validity of your LPA and to prevent any future disputes.

Registration with the OPG

The final step is registering your LPA with the Office of the Public Guardian (OPG). We handle this entire process on your behalf, submitting the documents and ensuring all requirements are met. The Powers of Attorney Act 2023 has made this process more accessible and secure, allowing for faster registration and enhanced fraud prevention through digitisation. Once the OPG registers your LPA, it becomes legally binding, giving you peace of mind that your affairs will be managed according to your wishes.

By following these steps, Triangle Legal Services ensures that the process of setting up a Lasting Power of Attorney is as smooth and stress-free as possible, providing you with the support and expertise you need during this important decision-making time.

Lasting Powers of Attorney FAQs

What is the difference between the two types of LPAs?

A Health and Welfare Lasting Power of Attorney covers decisions on your behalf about your healthcare and personal welfare.In contrast, a Property and Financial Affairs LPA covers decisions on your behalf regarding your financial matters and property. These two types of lasting power of attorney ensure that you can appoint an attorney who will act in your best interests in different areas of your life.

Can I change or cancel an LPA once it’s registered?

Yes, an LPA is a legal document that allows flexibility, so as long as you are mentally capable, you can make adjustments or revoke it as needed.

What happens if I don’t have an LPA in place?

If you don’t have an LPA and become unable to make decisions, your loved ones may need to apply to the court to appoint a deputy, which can be a lengthy and costly process.

Can you do lasting power of attorney online?

Yes, you can set up a Lasting Power of Attorney (LPA) online through the UK government website. The process has been streamlined with the Powers of Attorney Act 2023, allowing for faster registration and enhanced fraud prevention. You complete the forms online, print them out for signing and witnessing, and then submit them to the Office of the Public Guardian (OPG) for registration.

However, while you can do this independently, it’s recommended to work with a solicitor. A solicitor can ensure that the process is completed correctly and help prevent potential legal issues or expensive complications in the future. Their expertise can provide peace of mind that your LPA will be legally sound and fully protect your interests.

When should I set up an LPA ?

It’s best to set up a Lasting Power of Attorney (LPA) while you still have mental capacity.

Thinking about a future where you might not be able to make decisions for yourself can be difficult, but doing this now ensures that your wishes are known and respected. An LPA is a legal document that lets you appoint someone you trust to make decisions on your behalf, ensuring your best interests are always looked after. Setting it up early provides peace of mind for you and your loved ones.

Do the people I nominate in the LPA have to be aware?

Yes, the people you nominate as your attorneys in a Lasting Power of Attorney (LPA) must be aware of their nomination. They need to agree to take on the responsibility and must sign the LPA document to confirm their acceptance. This ensures that they understand their role and are prepared to act on your behalf in your best interests if the need arises.

Who Can I Nominate in an LPA?

When setting up a Lasting Power of Attorney (LPA), you can nominate anyone you trust to make decisions on your behalf. This person, known as your attorney, must be at least 18 years old.

Common choices include:

Family Members: Many people choose close family members such as spouses, partners, adult children, or siblings who are familiar with their values and preferences.
Friends: Trusted friends who understand your wishes and can act in your best interests.
Professionals: You may also nominate a professional, such as a solicitor or an accountant, especially for handling financial matters.

It’s important to select someone who is reliable, understands your wishes, and is willing to take on the responsibility. You can also appoint more than one attorney and specify whether they must act jointly (together) or jointly and severally (independently). This flexibility ensures that your best interests are always prioritized.

Do relatives need an LPA if I am in hospital?

Yes, having a Lasting Power of Attorney (LPA) can be very important if you are in the hospital and unable to make decisions for yourself. Without an LPA, your loved ones might face challenges in making important decisions about your treatment or managing your finances.

An LPA ensures that someone you trust can step in and act in your best interests, making important decisions about your healthcare and treatment. This provides you and your family with peace of mind during a difficult time, allowing your relatives to focus on supporting you, knowing they have the legal authority to handle necessary decisions.

Yes, an LPA is a legal document that allows flexibility, so as long as you are mentally capable, you can make adjustments or revoke it as needed.

If you don’t have an LPA and become unable to make decisions, your loved ones may need to apply to the court to appoint a deputy, which can be a lengthy and costly process.

It’s best to set up a Lasting Power of Attorney (LPA) while you still have mental capacity.

When setting up a Lasting Power of Attorney (LPA), you can nominate anyone you trust to make decisions on your behalf. This person, known as your attorney, must be at least 18 years old.

Common choices include:

Family Members: Many people choose close family members such as spouses, partners, adult children, or siblings who are familiar with their values and preferences.
Friends: Trusted friends who understand your wishes and can act in your best interests.
Professionals: You may also nominate a professional, such as a solicitor or an accountant, especially for handling financial matters.

We offer Expert Advice on Lasting Powers of Attorney.

call us today

make an enquiry